Changes to right to work check requirements for employers

After the Royal Assent was given to the Border Security, Asylum and Immigration Act 2025 back in December 2025, employers will face further requirements and liabilities for right-to-work checks within the workplace from the 1st October 2026.

Namely, the requirement for employers to carry out right to work checks will no longer be limited to staff who have a direct contractual relationship with the employer; instead, the definition of employment will be expanded to include any individual who is personally providing a service to the employer.

Employers will be expected to ensure that sufficient right to work checks are carried out for individuals employed under worker contracts, as well as individual subcontractors, and those who have been engaged through online matching services, such as food delivery or courier services.

This means that where an employer is part of a chain of contracts for supplying services, they can be held liable and receive a civil penalty if there is evidence of illegal working in the chain. However, it is important to note that this does not apply to an employer purchasing services for their own use (i.e., the end user).

The Government has published and updated a series of documents and guidance for employers (currently still in draft), including:

• Employer’s guide to right to work checks
• Code of Practice on preventing illegal working: Right to work scheme for employers
• Code of Practice for employers: Avoiding unlawful discrimination while preventing illegal working

The guidance helps to outline the checks that employers are required to carry out in order to avoid civil penalties, and the new extended statutory excuse for employers.

With these updates due to take effect, employers are being advised to review their onboarding processes to ensure that these will be in line with the new requirements. Employers should check their right to work policies and procedures, provide further training to staff involved in the right to work process, and set up regular audits for staff and supply chains to ensure continued compliance. 

Right to work checks now cover subcontractors, casual workers and anyone supplied through an online platform, not just direct employees. A civil penalty applies per worker, whether or not you employ them directly. Contact Solutions for HR if you’re not sure your checks cover this.